Dhaliwal v. Commissioner of Social Security

Filing 3

ORDER DENYING Plaintiff's Application to Proceed in Forma Pauperis Without Prejudice and Requiring Plaintiff to File Long Form Application to Proceed With Prepayment of Fees 2 , signed by Magistrate Judge Stanley A. Boone on 2/14/2018: 20-Day Deadline. (Attachments: # 1 IFP Application - Long Form) (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAJVINDER S. DHALIWAL, 14 15 ORDER DENYING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS WITHOUT PREJUDICE AND REQUIRING PLAINTIFF TO FILE LONG FORM APPLICATION TO PROCEED WITH PREPAYMENT OF FEES Plaintiff, 12 13 Case No. 1:18-cv-00219-SAB v. COMMISSIONER OF SOCIAL SECURITY, Defendant. (ECF No. 2) 16 TWENTY DAY DEADLINE 17 18 Plaintiff Rajvinder S. Dhaliwal (“Plaintiff”) filed the complaint in this action on February 19 13, 2018, challenging the denial of Social Security benefits. (ECF No. 1.) Plaintiff did not pay 20 the filing fee in this action and instead filed an application to proceed in forma pauperis pursuant 21 to 28 U.S.C. § 1915. (ECF No. 2.) However, based upon Plaintiff’s application, the Court is 22 unable to determine if Plaintiff is entitled to proceed in this action without prepayment of fees. 23 Plaintiff’s application indicates that he is employed and receives take-home salary or wages in 24 the amount of $550 per month and his wife earns $1,100 per month, which places their yearly 25 income at $19,800. The 2018 Poverty Guidelines for the 48 contiguous states for a household of 26 two is $16,460.00. 2018 Poverty Guidelines, https://aspe.hhs.gov/poverty-guidelines (last visited 27 February 14, 2018). Plaintiff’s income is above the 2018 poverty level for a family of two. 28 Plaintiff also indicates that he has cash, a checking account, or a savings account, in the amount 1 1 of $700.00. Accordingly, the Court will order Plaintiff to complete and file an Application to Proceed 2 3 in District Court Without Prepaying Fees or Costs (Long Form) – AO 239. If Plaintiff is 4 unwilling to complete and submit the long form application, Plaintiff must pay the filing fee in 5 full. 6 Based upon the foregoing, it is HEREBY ORDERED that: 7 1. Plaintiff’s application to proceed in forma pauperis is DENIED without prejudice; 8 2. The Clerk of the Court is directed to forward an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) – AO 239 to Plaintiff; 9 3. 10 Within twenty (20) days of the date of this order, Plaintiff shall either (1) pay the 11 $400.00 filing fee for this action, or (2) complete and file the enclosed 12 Application to Proceed in District Court Without Prepaying Fees or Costs (Long 13 Form) – AO 239; and 4. 14 If Plaintiff fails to comply with this order, this action shall be dismissed. 15 16 IT IS SO ORDERED. 17 Dated: February 14, 2018 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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